South Australian Numbered Acts

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STATUTES AMENDMENT (LIQUOR, GAMBLING AND SECURITY INDUSTRIES) ACT 2005 (NO 22 OF 2005) - SECT 11

11—Insertion of sections 28AA and 28AAB

After section 28 insert:

28AA—Applications to be given to Commissioner of Police

        (1)         The Commissioner must give the Commissioner of Police a copy of each application for consent under section 28.

        (2)         As soon as reasonably practicable following receipt of an application under subsection (1), the Commissioner of Police—

            (a)         must make available to the Commissioner information about criminal convictions; and

            (b)         may make available to the Commissioner other information to which the Commissioner of Police has access,

relevant to whether the application should be granted.

28AAB—Discretion to grant or refuse application under section 28

        (1)         Subject to this Act, the Commissioner has an unqualified discretion to grant or refuse an application for consent under section 28 on any ground, or for any reason, that the Commissioner thinks fit.

        (2)         The Commissioner should not grant an application for consent under section 28 as a matter of course without a proper inquiry into its merits (whether or not the Commissioner of Police has intervened in the proceedings or there are any objections to the application).

        (3)         An application for consent under section 28 can only be granted if the Commissioner is satisfied that to grant the application would not be contrary to the public interest.



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